Updated: 25th September 2017

Welcome to the Storengy UK Limited customer communications portal, accessible at https://nemo.storengy.co.uk (the "NEMO Portal" or the "Commercial IT System"). These terms of use (together with the documents and policies referred to in it) tell you the terms on which you may use the NEMO Portal. Please read these terms of use carefully.

By using the NEMO Portal, you agree to be bound by these terms of use. If you do not agree to these terms of use, you must refrain from using the Nemo Portal.

The terms "Storengy UK Limited", "Storengy UK", "us", "we", or "our" refer to Storengy UK Limited. The terms "you" or "Customer" refers to the user or viewer of the NEMO Portal.

  1. Defined Terms

    1. Save as amended in these terms of use, words and expressions defined in the SSC (as defined below) and used in these terms of use shall have the meaning set out in the SSC.

    2. In these terms of use, unless the context requires otherwise, the following words and expressions have the following meaning:

      "Account" means an account with Storengy UK to access and use the NEMO Portal;

      "GTC" means the General Terms and Conditions;

      "SSC" means the Storage Services Contract entered into by Storengy UK and the Customer (which comprises the Signature Document, the Specific Terms and the GTC);

      "Terms of Use" means these terms of use; and

      "Third Party Sites" has the meaning given in clause 5.

  2. Access to the NEMO Portal

    1. You have entered into the SSC with Storengy under which you are permitted to access and use the NEMO Portal as permitted by the functionality of the NEMO Portal, including to: communicate with Storengy UK in respect of the Storage Services; enter nominations and re-nominations for gas injection and gas withdrawal; track your gas movements; check your inventory levels; display your maximum daily capacities and your position on the inventory tunnel; and check scheduled and unscheduled maintenance to the NEMO Portal.

    2. Your use of the NEMO Portal (including any transactions you make using the NEMO Portal) is governed by and subject to these Terms of Use and the terms of the SSC.

    3. The following additional terms also apply to your use of the NEMO Portal:

      • our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the NEMO Portal, you consent to such processing and you warrant that all data provided by you is accurate; and

      • our Cookie Policy, which sets out information about the cookies on the NEMO Portal.

    4. To access the NEMO Portal, you will first need to set up an Account in accordance with the procedure set out in Schedule F of the GTC.

    5. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. You are also responsible for ensuring that all persons who access the NEMO Portal are aware of the applicable terms of the SSC, these Terms of Use and any other applicable terms and conditions, and that they comply with them.

    6. If you have any concerns about your login details or think such details have been misused, you should promptly notify us and take such other steps as may be required by the Commercial IT System Manual.

  3. Restrictions on use of the NEMO Portal

    1. You shall not access, store, distribute, or transmit any virus, data or any material during the course of your use of the NEMO Portal that is unlawful, illegal, harmful, threatening, defamatory, obscene, abusive, or infringing any rights, or in any way not in compliance with applicable laws. Storengy UK may, without liability to you, disable the NEMO Portal to the extent necessary to disable access to any data or material that breaches any provision of this clause.

    2. You shall not, and shall not permit any Authorised Representative, Account Representative, or third party to, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties:

      • and except to the extent expressly permitted under these Terms of Use, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the NEMO Portal in any form or media or by any means; or

      • attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the NEMO Portal; or

      • access all or any part of the NEMO Portal in order to build a product or service which competes with the NEMO Portal or the Storage Services;

      • use the NEMO Portal to provide services similar to the NEMO Portal or the Storage Services to third parties; or

      • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the NEMO Portal available, to any third party except as permitted by these Terms of Use and the SSC.

    3. You shall not access without authority, interfere with, damage, or disrupt: (a) any part of the NEMO Portal; (b) any equipment or network on which the NEMO Portal is stored; (c) any software used in the provision of the NEMO Portal; or (d) any equipment or network or software owned or used by any third party.

    4. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the NEMO Portal, and in the event of any such unauthorised access or use you shall promptly notify Storengy UK in writing.

  4. Proprietary Rights

    You acknowledge and agree that Storengy UK and/or its licensors own all intellectual property rights in the NEMO Portal. Except as expressly stated herein and in the SSC, you are not granted any intellectual property rights or any other rights or licenses in respect of the NEMO Portal.

  5. Third Party Websites or Services

    The NEMO Portal may contain links to, or call the servers of, third party websites or services that are not under the control of Storengy UK, solely at the direction of and/or convenience to you ("Third Party Sites"). As such, Storengy UK is not responsible for, and makes no express or implied warranties with regards to, the information, content or other material, products, or services that are contained on or are accessible through, or the policies regarding the use and privacy of, Third Party Sites. Access to and use of Third Party Sites, including the information, content, material, products, and services on such websites or available through such websites, is solely at your risk.

  6. No Liability

    1. The NEMO Portal is provided to you on an "AS IS" basis and Storengy UK gives no representations, warranties, conditions or other terms of any kind in respect of the NEMO Portal, whether express or implied, including, but not limited to, warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.

    2. The information contained on the NEMO Portal (including information regarding any nominations made by you, and regarding the availability of the NEMO Portal (including any maintenance constraints)) is provided by Storengy UK in good faith on an "AS IS" basis, and you must verify the information before using it (whether to make any investment decision or otherwise). We do not make any representation or warranty that the information contained on the NEMO Portal is reliable, accurate, or complete, or that your access to the information will be uninterrupted, timely or secure. Storengy UK does not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on the NEMO Portal.

    3. Nothing in these Terms of Use exclude either Party's liability for:

      • death or personal injury caused by that Party's negligence; or

      • fraud or fraudulent misrepresentation.

    4. Storengy UK shall not be liable to you, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution, or otherwise, for any loss or damage (whether direct or indirect) arising in connection with your use or failure to use the NEMO Portal.

    5. Nothing in this clause 6 is intended to, or shall, affect the liability of Storengy UK under the SSC.

  7. Suspension of the NEMO Portal

    We do not guarantee that the NEMO Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the NEMO Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

  8. Suspension and Termination of Access

    1. Your access to the NEMO Portal will automatically end on expiry or termination of the SSC, or if your access is otherwise terminated in accordance with the provision of these Terms of Use.

    2. Storengy UK may terminate your access to the NEMO Portal with immediate effect if you:

      • breach clause 3 or clause 4 of these Terms of Use;

      • infringe Storengy UK's intellectual property rights in the NEMO Portal or make, or permit to make, any unauthorised use of the NEMO Portal.

    3. Without prejudice to any other rights or remedies available to Storengy UK, Storengy UK may immediately suspend your Account in whole or in part, without prior notice, if you are in material breach of any terms of these Terms of Use, or if, in Storengy UK's reasonable determination, you are suspected of being in material breach of any terms of clauses 3 or 4 of these Terms of Use.

  9. Waiver

    No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any other breach.

  10. Severability

    If any provision of these Terms of Use is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

  11. Amendments

    1. Storengy UK may amend these Terms of Use at any time. Storengy UK will post a copy of the amended Terms of Use on the NEMO Portal. Your continued use of the NEMO Portal after these Terms of Use have been amended will be considered as your acceptance of the amended Terms of Use.

    2. Storengy UK may update and change the NEMO Portal from time to time to reflect changes to the Storage Services, our customers' needs, and our business priorities.

  12. Assignment

    You may not assign or purport to assign these Terms of Use or any of its obligations without Storengy UK's prior written consent.

  13. Third Party Rights

    These Terms of Use do not confer any rights on any third party.

  14. Entire Agreement

    1. These Terms of Use (and the documents and policies referred to in) and the relevant terms of the SSC, contains the whole agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, arrangements, and understandings between the parties relating to that subject matter.

    2. In the event of any conflict between these Terms of Use and the SSC, the SSC shall prevail to the extent of the conflict.

  15. Governing Law and Dispute Resolution

    These Terms of Use shall be governed by and construed in accordance with English law. Each party agrees that any dispute or claim arising out of or in connection with these Terms of Use shall be settled in accordance with the dispute resolution procedure set out in the GTC.